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A  DRUM-HEAD  COURT  MARTIAL 

GRAHAH 
REMINISCENCES  OF  POINT  LOOKOUT 

WALKER 


A  DRUM-HEAD  COURT  MARTIAL 

By  Cap t. H.O.Graham,  7th  N.C.Inf . 

REMINISCENCES  OP  POINT  LOOKOUT 
By  Thad. J. Walker 


Blue  &  Gray 
Jan, 1894 


=«l* 


of  tfjc 

Unibergitp  of  i^ortf)  Carolina 


Collection  of  i^ortf)  Caroltmana 

(Enbotocb  op 

HFofm  g>prunt  ?£tU 

of  the  Class  of  18S9 


I 


Ca   ' 


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A  DRUM-HEAD  COURT-MARTIAL. 


Captain  H.  C.  Graham. 
Late  Co.  E,  7th  N".  C.  Infantry. 


IN"  the  spring  of  1865,  the  Confederate  forces 
in  Southwestern  Virginia,  with  headquar- 
ters at  "Wytheville,  were  put  in  motion, 
and  marched  to  Abingdon,  Virginia,  near 
the  Tennessee  line,  to  meet  one  of  the  periodical 
incursions  of  the  Federal  forces  in  that  section. 
The  force  was  about  3,000  strong,  con- 
sisting of  two  batteries  of  artillery,  about 
600  cavalry,  and  the  remainder  of  infantry. 
As  a  military  division,  this  portion  of  the 
State  was  known  as  the  Department  of 
Southwestern  Virginia,  and  was  under  the 
command  of  General  John  Echols.  The  com- 
mand had  been  at  Abingdon  but  a  few  hours, 
when  orders  were  received  to  retrace  its  march 
with  all  speed,  and  hasten  toward  Lynchburg. 
The  time  was  the  closing  hours  of  the  Con- 
federacy, but  the  troops  composing  this  com- 
mand did  not  then  know  that  the  end  was 
drawing  near.  There  was  an  undefined  impres- 
sion that  momentous  events  were  at  hand,  but 
nobody  dreamed  of  surrender.  This  little  army 
in  the  mountains  of  Virginia,  isolated  from  the 
main  body,  had  its  special  duties  to  perform,  in 
guarding  the  great  salt-works  at  Saltville,  and 
holding  the  fertile  valleys  that  extended  from 
Jonesboro',  Tennessee,  to  Lynchburg,  Virginia. 
It  was  in  this  department  that  General  John  H. 
Morgan,  the  Kentucky  cavalry  leader,  met  his 
tragic  death  at  Greenville,  Tennessee,  and  the 
history  of  the  command  was  dotted  with  some 
of  the  most  dramatic  incidents  of  the  great 
struggle. 

As  soon  as  the  orders  were  received  to  hasten 
back  to  Lynchburg,  our  forces  were  put  in 
motion  ;  the  cavalry  and  artillery  were  ordered 
to  march  on  the  fine  macadamized  road  that 
leads  from  Salem  to  Abingdon ,  and  the  infantry 
were  packed  on  the  few  cars  that  could  be 
gathered  on  the  East  Tennessee  and  Virginia 
railroad. 

It  is  not  the  purpose  of  this  article  to  describe 
all  the  dramatic  incidents  that  attended  the 
march  of  the  forces  in  Southwestern  Virginia 
in  their  efforts  to  reach  the  main  body  at 
Appomattox.  For  present  purposes  it  is  suffi- 
cient to  say  that  after  proceeding  but  a  short 
distance  the  infantrymen  were  compelled  to 
leave    the   cars,    on   account   of   railway   com- 


munication with  Lynchburg  being  cut  in  several 
places,  and  uniting  with  the  cavalry  and 
artillery,  proceeded  as  a  body  toward  their 
destination.  Telegraphic  communication  had 
also  been  completely  destroyed,  and  nothing- 
could  be  learned  of  the  momentous  events  that 
were  transpiring  at  Richmond  and  Petersburg. 

As  our  march  progressed,  the  excitement  and 
anxiety  of  the  citizens  along  the  route  became 
every  hour  more  manifest ;  the  strictest  disci- 
pline, however,  was  maintained  with  the  troops, 
and,  as  a  rule,  the  command,  composed  largely 
of  veterans  of  many  hard-fought  battles,  be- 
haved with  steadiness  and  soldierly  bearing. 
It  was  while  on  this  march  that  the  event  I  am 
about  to  relate  occurred. 

During  a  temporary  halt  of  a  few  hours,  the 
writer  was  standing  with  a  group  of  officers, 
discussing  the  probabilities  of  the  campaign, 
when  an  orderly  rode  up  and  delivered  him  an 
order  from  headquarters,  commanding  him  to 
act  as  the  judge  advocate  of  a  general  court- 
martial,  ordered  to  assemble  at  once  on  the 
field.  Under  the  guidance  of  the  orderly,  he 
proceeded  immediately  to  the  spot.  When  he 
arrived  at  the  place  where  the  court  was 
assembled,  a  scene  was  presented  that  would 
have  made  a  striking  picture  for  an  artist. 
Under  the  shade  of  a  broad  spreading  oak, 
which  stood  alone  in  a  large  open  field,  ten 
officers,  in  full  uniform,  were  seated  in  a  circle 
on  the  ground  ;  within  the  circle  stood  a  drum , 
with  ink  and  paper  placed  on  the  head ;  just 
without  the  circle,  with  two  soldiers  beside  him 
with  their  muskets,  stood  the  prisoner,  a  young 
man  about  twenty  years  old,  charged  with 
desertion.  About  twenty  yards  distant  was 
gathered  a  group  of  citizens,  among  them  a 
middle-aged  woman,  dressed  in  black,  weeping 
and  apparently  in  great  distress.  A  few  officers 
and  soldiers  scattered  about  on  the  ground,  as 
spectators,  completed  the  scene.  The  case  was 
a  clear  one  :  the  home  of  the  accused  was  near 
the  line  of  march,  and  as  he  passed  his  native 
heath,  the  temptation  to  quit  his  soldier  life 
became  too  strong,  and  he  left  his  company 
without  leave ;  all  the  attendant  circumstances 
indicated  that  he  had  no  intention  of  returning. 
His  absence    was    immediately   discovered,    a 


57 


0s0 


58 


'BLUE    <JND    GRAY. 


guard  was  sent  in  pursuit,  and  he  was  captured 
on  the  mountain  a  few  miles  from  the  camp. 

The  young  soldier  was  apparently  uncon- 
scious of  his  extreme  peril ;  he  gazed  about  him 
with  a  wild  and  earnest  look,  but  it  was  not  so 
much  that  of  fear,  as  wonder  at  the  stern  court 
before  him,  with  its  attendant  formalities.  He 
was  brought  forward  by  his  guards,  and  the 
order  convening  the  court  being  read,  the  mem- 
bers were  sworn,  and  without  delay  the  exami- 
nation of  witnesses  commenced. 

The  captain  of  the  young  man's  company  was 
first  introduced.  He  testified  to  the  prisoner 
quitting  his  command,  without  leave,  while  on 
the  march.  The  orderly  sergeant's  testimony 
was  the  same ;  the  two  guards  sent  in  pursuit 
testified  to  the  night  of  the  accused,  his  capture, 
and  his  attempt  to  conceal  himself  when  they 
discovered  him.  This  completed  the  evidence 
for  the  government. 

The  duties  of  the  judge  advocate  of  a  court- 
martial  differ  from  those  of  an  ordinary  prose- 
cuting officer  in  a  civil  court,  in  that  while  he 
represents  the  government,  he  likewise  repre- 
sents the  prisoner,  and  it  is  a  pleasant  duty  he 
performs  in  bringing  out  any  evidence  that  the 
accused  may  have  to  offer  in  his  defence.  In 
other  words,  it  is  the  duty  of  a  judge  advocate 
simply  to  bring  out  all  the  facts  of  the  case  pro 
and  con.  In  this  instance  his  deepest  sympa- 
thies were  enlisted  for  the  unfortunate  young 
man,  who  had  been  summoned  for  swift  judg- 
ment, for  he  well  knew  what  the  stern  sentence 
would  be  unless  some  strong  defence  could  be 
offered.  He  was  about  to  take  the  prisoner 
aside  to  consult  with  him  as  to  his  defence, 
when  the  orderly  in  attendance  approached 
and  informed  the  judge  advocate  that  a  citizen 
desired  to  speak  with  him.  The  colloquy  was 
a  short  one,  for  drum-head  courts-martial,  when 
an  army  is  on  the  march,  brook  but  little  delay. 
The  substance  of  the  citizen's  communication 
was,  that  the  young  man  was  not  responsible 
for  his  act,  as  he  was  not  of  sound  mind ;  that 
he  had  been  "  foolish,"  as  he  expressed  it,  since 
he  was  a  child,  and  that  he  did  not  know  the 
extent  of  the  mditary  crime  he  had  committed. 

Here,  then,  was  a  faint  hope.  "Who  can 
prove  this?"  asked  the  judge  advocate. 

"  I  can  testify  to  facts  in  the  case,"  replied 
the  citizen,  "  and  if  I  am  given  an  hour's  time  I 
will  produce  other  witnesses  who  will  do  the 
same;  but  that  lady  standing  there,"  said  he, 
pointing  to  the  weeping  woman,  "  can  give  the 
best  testimony." 


'•Who  is  she?" 

"She  is  the  young  man's  mother,"  rejdied 
the  citizen. 

All  this  was  reported  to  the  court,  and 
messengers  were  quickly  despatched  to  bring  in 
the  witnesses. 

The  young  man's  mother  was  then  intro- 
duced. A  more  affecting  scene  was  never  pre- 
sented before  a  court,  military  or  civil,  than 
when  this  weeping  widow  gave  her  testimony. 
Every  member  of  the  court  was  deeply  affected  ; 
tears  ran  down  the  furrowed  cheeks  of  grim  and 
grizzled  old  Colonel  H.,  the  president  of  the 
court  and  a  veteran  of  many  battles,  as  he 
listened  to  the  young  soldier's  mother.  The 
other  witnesses  were  examined,  and  testified  to 
peculiar  conduct  on  the  part  of  the  accused  in 
his  past  life,  which  led  them  to  believe  that  he 
was  not  of  sound  mind.  By  the  order  of  the 
court,  the  captain  of  the  young  man's  company 
and  the  orderly  sergeant  were  then  recalled, 
and  several  of  his  comrades  were  examined. 
These  testified  that  while  the  accused  was  not 
particularly  bright,  his  conduct  while  with  the 
company  had  indicated  an  average  knowledge 
of  right  and  wrong.  The  case  was  then  sub- 
mitted to  the  court,  after  all  the  spectators  had 
been  removed  out  of  hearing.  Commencing,  as 
is  always  the  case  in  a  court-martial,  with  the 
lowest  officer  in  rank,  in  this  instance  a  first 
lieutenant,  the  opinion  of  each  was  asked,  and 
the  case  was  discussed.  The  tone  of  argument 
was  the  same  with  every  member  of  the  court. 

Colonel  H.,  the  president,  addressing  the 
judge  advocate,  and  greatly  moved,  said:  "  Ah! 
captain,  our  sympathies  are  all  deeply  excited 
in  this  case,  we  are  all  moved  with  the  scene  we 
have  just  passed  through,  but  we  must  perform 
our  sworn  duty.  The  discipline  of  this  army 
must  be  preserved.  Release  this  soldier,  and 
there  would  be  200  desertions  from  our  ranks 
before  morning.  The  evil  must  be  stopped 
right  now."  The  vote  was  then  taken,  and  it 
was  unanimous  that  "  Private  - 


,  charged  with 
desertion,"  should  be  shot  to  death  with 
musketry.  The  court  then  adjourned ;  the 
record  of  the  testimony,  taken  on  the  head  of 
the  drum,  was  sent  to  headquarters,  and  in  an 
hour  we  were  on  the  march  again  ;  but  it  was  a 
sad  march  to  those  who  had  participated  in 
the  dramatic  scene  of  this  trial.  To  the  judge 
advocate  the  tearful  face  of  the  widowed  mother, 
who  accompanied  her  son  to  the  last,  was  ever 
present,  and  he  thought  of  her  anguish  as  she 
contemplated   the  fate  of  her  boy    that  would 


REMINISCENCES    OF   POINT   LOOKOUT. 


59 


follow  swift  on  the  judgment  passed  against  him 
by  the  inexorable  law  of  military  rule.  The 
command  in  its  march  was  now  nearing  Chris- 
tiansburg.  There  had  been  no  delay  beyond 
that  absolutely  necessary  in  the  short  rests  re- 
quired for  the  refreshment  of  the  troops,  and 
these  at  long  intervals. 

It  was  within  four  miles  of  Christiansburg,  Vir- 
ginia, and  about  two  days  after  the  court-martial 
mentioned,  that  the  news  of  the  surrender  at 
Appomattox  was  received  by  the  little  Army  of 
Southwestern  Virginia  while  on  its  march  in 
obedience  to  orders.  Arriving  in  the  town,  great 
confusion  and  excitement  was  found  prevailing 
among  the  citizens,  who  had  also  heard  the 
news.  Couriers  had  come  by  circuitous  routes 
and  brought  the  intelligence.  It  was  soon  ap- 
parent to  our  commanding  general  that  the  end 
of  the  great  struggle  had  come.  The  minds  of 
all  were  now  occupied  with  the  stirring  events 
of  the  present,  and  forgetful  of  the  past.  A 
hurried  council  of  war  was  held  to  decide  what 
should  be  done.  An  appeal  was  made  to  the 
troops  to  decide  whether  they  would  stand  by  the 
last  of  the  Confederacy,  and  cross  the  mountains 
to  join  General  Johnston  in  North  Carolina.  Two 


or  three  hundred  responded,  but  the  great  body 
of  the  Army  of  Southwestern  Virginia  was  here 
disbanded,  with  orders  to  go  home  and  be  ready 
to  report  again  for  duty  if  properly  called  on  by 
the  Confederate  authorities. 

Then  came  the  general  confusion  attendant 
upon  the  breaking  up,  the  sad  farewells  spoken 
by  old  comrades,  and  the  disappearance  of  all 
discipline  which  follows  the  disintegration  of  a 
military  force. 

The  writer  happened  to  meet  Major  J.  Stod- 
dard Johnson,  the  adjutant-general  at  head- 
quarters. "  "What  was  done,  major,"  he  asked, 
"about  the  finding  of  the  court-martial  that 
was  held  on  the  field  day  before  yesterday  ?" 

"  The  general  reviewed  the  proceedings,"  said 
Major  Johnson,  "disapproved  the  finding  of 
the  court,  and  the  boy  is  now  on  his  way  home 
with  his  mother." 

"Thank  God  for  that,"  said  Major  C,  who 
overheard  the  conversation,  and  who  had  been 
a  member  of  the  court.  ' '  But,  captain, ' '  said  he, 
as  we  walked  away,  "  somehow  I  think  the 
general  had  got  some  news  from  Lee's  army 
before  he  set  our  verdict  aside." 

And  thus  ended  the  last  court-martial  held  in 
the  Confederate  army. 


REMINISCENCES  OF  POINT  LOOKOUT. 

Thad.  J.  Walker,  2nd  Maryland  Cavalry. 


/TMOKG  the  many  incidents  of  prison  life 
/  I  at  Point  Lookout,  Maryland,  during  my 
I  ■*■  nine  months  incarceration  there,  I  can 
recall  some  very  amusing  ones  which  the 
"boys"  played  upon  each  other.  There  were 
about  12,000  Confederates  in  the  prison  at 
the  time,  from  all  parts  of  the  South,  and  the 
beach  fronting  on  the  Chesapeake  Bay,  where 
we  were  allowed  to  go  in  limited  numbers  dur- 
ing the  day,  presented  quite  an  animated  ap- 
pearance with  the  "  graybacks"  sunning  them- 
selves, some  washing  their  clothing,  some  bath- 
ing, some  making  bricks  for  the  chimneys  of 
little  ' '  cracker  box' '  prison  houses,  and  others 
fishing  and  crabbing.  Now  there  were  many 
there  who  had  never  seen  a  crab  ;  many  who  had 
seen  salt  water  for  the  first  time,  and  were  en- 
joying, in  open-mouthed  wonder,  the  scene  of 
ships  plying  the  bay ;  particularly  one  verdant 
specimen  from  away  back  among  the  mountain 
districts  of  North  Carolina,  who  approached  a 


Georgian  busily  engaged  in  catching  crabs,  when 
the  following  conversation  ensued :  says  Tarheel : 
"Mister,  what  are  you  'uns  doing  thar?" 
"  Catching  sweet-bugs,"  says  Georgia.  "  Sweet- 
bugs,"  says  Tarheel,  ' '  they  are  the  biggest  bugs  I 
ever  seed.  What  are  you  'uns  going  to  do  with 
'em  ?  Will  they  bite  ?' '  approaching  closer  for  a 
better  examination.  "No!"  answers  the  not 
very  truthful  representative  from  the  "  Goober  " 
State,  catching  up  the  crab  in  a  safe  way  for 
himself,  for  the  poor  Tarheel's  inspection.  "We 
sell  them  outside  the  prison  to  make  cologne 
and  sweet-scented  extracts.  Come  and  smell 
this  one" — a  fine  large  specimen  he  had  just 
caught.  Unfortunately,  Tarheel's  curiosity  and 
innocence  were  so  great  that  he  -was  induced  to 
do  so,  when  the  struggling  crab  caught  him  by 
the  nose.  It  is  scarcely  necessary  to  add  that  a 
piercing  "  rebel  yell"  rent  the  air,  which  could 
be  heard  far  away.  Only  those  who  have  been 
bitten  by  a  lively  crab,  freshly  captured,  can 


GO 


'BLUE    *AND     GRAY. 


appreciate  the  poor  fellow's  sufferings,  and  his 
pitiful  pleading  to  the  Georgian  to  make  him 
let  go.  Finally,  becoming  frenzied  with  pain,  he 
yelled  out :  ' '  Mister  !  Mister  !  make  him  let 
go  or  I'll  knock  his  brains  out!''  Finally  the  crab 
loosened  his  hold,  and  the  poor  Tarheel,  who  had 
doubtless  bravely  faced  the  music  on  many  hard- 
fought  battlefields,  hurried  from  the  scene  a 
sadder  and  wiser  man. 

Another  incident  or  joke  perpetrated  upon  a 
North  Carolina  sergeant  who  was  himself  a 
practical  joker,  occurred  during  the  winter  of 
'64  and  will  be  remembered  by  many  of  those 
who  were  prisoners  at  that  time,  as  the  occur- 
rence occasioned  much  excitement  as  well  as 
amusement. 

Tobacco  was  a  very  scarce  and  valuable  article 
at  Point  Lookout,  and  happy  was  the  individual 
fortunate  enough  to  secure  any.  I  have  often 
seen  men  following  a  lucky  chewer  and  waiting 
for  him  to  finish  his  chew  and  beg  it  for  himself. 
The  poor  fellows  would  daily  hunt  for  the 
"  old  soldiers,"  as  they  termed  discarded  chews, 
and  consider  themselves  lucky  if  they  found  one 
— a  fact  easily  verified  by  any  prisoner  at  the 
above-named  place. 

To  retaliate  upon  Sergeant  D —  for  some  joke 
of  his,  the  following  placard  (as  nearly  as  I  can 
remember  it)  was  written  and  posted  con- 
spicuously about  the  camp  : 

Notice,  North  Carolinians. 
The  Governor  of  North  Carolina  having  sent  me  twenty- 
five  boxes  of  fine  chewing  tobacco  for  distribution  among 


the  troops  from  his  State  confined  at  Point  Lookout,  Mary- 
land, all  such  will  call  at  once  at  my  quarters  and  obtain 
their  share. 

Sergeant  D— ,  Co.  H,  2d  Division, 
Prisoners'  Camp. 

The  news  soon  spread  like  wildfire,  and  was 
not  confined  to  Carolinians  by  any  means,  and 
very  soon  a  large  crowd,  numbering  at  least  500 
tobacco-starved  graybacks,  were  clamoring  and 
crowding  excitedly  about  the  tent  of  Sergeant 
D — ,  some  of  whom,  in  their  disappointment, 
wanted  "  tobacco  or  blood."  Finally  the  prison 
guards  arrived  on  the  scene  and  dispersed  the 
poor  disappointed  fellows,  and  soon  all  was 
again  quiet  along  the  Potomac. 

There  are  many  sad  memories  connected  with 
prison  life  and  camp  life  which  we  gladly  forget. 
Let  us  remember  only  those  scenes  on  the  bright 
side  of  the  picture. 

How  vividly  the  old  veterans  of  the  Army 
of  the  Potomac  can  recall  a  ' '  night  after  the 
battle"  with  the  Army  of  Northern  Virgi- 
nia, how  tired  nature  would  seek  any  spot  of 
hard  ground,  no  soft  couch,  no  covering  but 
the  star-spangled  heavens,  and  remember  how 
quickly  silence  came  upon  the  scene,  only  a  stray 
shot,  the  quiet  tread  of  the  sentry  keeping 
guard  !  But  all  is  over  now,  and  the  two  armies 
of  Grant  and  Lee  are  brothers  again,  fully 
realizing  the  happy  peace  that  culminated  in  the 
hearts  of"  Our  Chieftains"  in  the  surrender  on 
that  evenful  day  on  the  historic  hills  of  Appo- 
mattox. 


COMRADE    JOHN. 
Matthew  H.  Peters. 

ALL  day  we  two  stood  side  by  side,  the  fury  of  the  foe  defied, 
My  Comrade  John  and  I. 
All  night  we  two  lay  side  by  side  upon  the  field  our  blood  had  dyed, 
My  Comrade  John  and  I. 


'Twas  in  the  dead  of  night,  as  we 
Were  lying  wounded,  helplessly, 

My  Comrade  John  and  I, 
A  voice  broke  forth  in  agony, 
'  Oh,  Matt,  if  I  could  only  see 

My  wife  before  I  die  !" 


Poor  Comrade  John,  that  night  he  died, 
The  last  wish  of  his  heart  denied, 

My  noble  Comrade  John  ; 
He  fought  and  fell,  and  he  fought  well. 
Thank  God  that  I  survived  to  tell 

The  tale  of  Comrade  John. 


Poor  Comrade  John,  'twas  of  his  bride 
He  thought,  as  ou  that  field  he  died. 

Alas,  poor  Comrade  John  ; 
And  pity  for  the  sweet  young  bride 
For  whom  the  brave  young  soldier  sighed- 

The  last  ere  he  was  gone. 


They  buried  him  upon  the  hill 
(Where  at  my  side  he  stood  and  fell) 

Beneath  an  old  pine  tree  ; 
But  his  last  words  yet  send  their  thrill 
Through  misty  years  from  that  far  hill 

To  widowed  bride  and  me. 


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THE  NORTH  CAROLINA  COLLECTION 


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